Transfer of Suit, section : 22-24 of Civil Procedure Code

Transfer of Suit

If a suit can be filed in more than one Court, a plaintiff as 'arbiter litis or dominus litis has a right to choose his own forum.  The plaintiff cannot be deprived of his right to choose, this right can not be controlled or interfered. But this right can be regulated by the power vested in superior Courts by transferring a case pending in one inferior court to another or by recalling the case to itself for hearing and disposal of. Once upon a time an eye for an eye was the norm but today we have come a long way from the times.  We now have setup institutions to take care of any dispute or conflict  that arises in our society. Sections 22 and 23 of Civil Procedure Code enable a defendant to apply for transfer of a suit. Section 24 authorises certain courts to transfer any suit, appeal or other proceedings.

Before filing application for transfer notify other parties:

Before filing application for transfer of suits, defendant has to serve notice to the other parties.

When to apply for transfer of suits:

Filing application for transfer of suits shall be made at the earliest possible opportunity and in all cases where issues are settled at or before such settlement.

Section 23 of Civil Procedure Code analysis:

To what Court application lies, S.23

✓If the case is such that where the several courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

✓ If the case is such that where the several Courts having jurisdiction are subordinate to different Appellate Courts, an application shall be made to the High Court Division.

Section 24 of Civil Procedure Code: General power of transfer and withdrawal

✓ Transfer and withdrawal of any case shall be made on the application of any of the parties and after notice to the parties or

✓ of own motion transfer and withdrawal of any case shall be made without such notice the High Court Division or the District Court may at any stage-

(a) transfer any suit, appeal or other proceedings pending before it in order to trial or disposal to any Court that is subordinate to it and competent to try or dispose of the same, or

(b) High Court Division or the District Court may withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and try or dispose of the same; or

transfer the same for trial or disposal to any Court which is subordinate to it and competent to try or dispose of the same; or retransfer the same for trial or give back to the Court from which it was withdrawn.

Who may apply for transfer of suits:

Section 22 enables-

✓a defendant to apply for transfer of a suit

while section 24 empowers-

✓ certain Courts to transfer any suit, appeal or other preceding either on an application made by any party or by the Court suo-motu.

✓Section 24 is much wider than section 22.

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